High Court 17418 of 2025

v. This Honourable Court do issue such other orders as may deem necessary in the best interests of the infant herein. vi. The costs of this Adoption process and proceedings be costs in the cause. 2. This is a joint Application. The Applicants are Kenyan Citizen residing and working in United State of America. They are married couple having solemnized their marriage on 21st June, 2022 as annexed Marriage Certificate Serial No. 5xxxx8. They are in gainful employment. The 1st Applicant is a registered Nurse working with Danbury Hospital while the 2nd Applicant is employed by the Ministry of Defence, USA Airforce. The Applicants have been blessed with 2 biological children aged 10 years and 5 years. The minor is a nephew to 2nd Applicant. That their motivation for this Adoption is due to the fact that the minor has been part of their family, the minor will equally access to medical and good education which is offered in America. They both understand the implications of the adoption order, they are aware that the child will have full rights as would a biological child and the order is not reversible. 3. DKM (the child herein) is presumed to have been born on 12th February 2008, at St. Mary’s. He is 17 years old. The minor was born to MMM and MMK. The minor’s mother is a sister to the 2nd Applicant. It is said that his parents’ marriage broke down irretrievably. The minor lives with his maternal grandmother in Nairobi and attends school at Pioneer International where he is form 4. The Applicants have had parental responsibilities over the child. 4. It’s the Applicants disposition that they approached the KKPI Adoption Society together with the minor’s biological mother where she made clear intention of offering the child for adoption and her consent was voluntarily given after counseling. Additional, the Applicants were counseled at length and taken through an explanatory memorandum where they signed the Certificate of Acknowledgement dated 20th March, 2025. 5. Thereafter, KKPI Adoption Society through their case committee meeting that was held on 26th March, 2025 approved and confirmed that they had assessed the Applicants and found them suitable adoptive parents and further that the adoption would be in the child’s best interest therefore declared the child free for adoption vide certificate serial Number 0950. 6. The Statutory Report from KKPI Adoption Society that have been filed in respect of the proposed adoption of the child by the Applicants have recommended this Court allows the Applicants to adopt the child. This being a Kinship adoption where the child is being adopted by his Uncle it will be the best interest of the child. The Assistant Director Children Services, submitted a positive report dated 3rd September, 2025 through his visit he averred that the Applicants have met the legal requirements for Kinship adoption as stipulated by the Children Act. They are healthy, financially, socially and emotionally stable as per annexed documents to take care of the child. The Applicants are clear of any criminal claims as evidenced by State of Connecticut Police Department thus recommending the adoption process. 7. WK, Guardian Ad Litem, presented a positive report dated 4th October, 2025 recommending the Adoption. EGM testified in Court that he has been a longtime friend to the Applicants. He consented to be the legal guardian for the minor. He understands the legal implications and he will assume full parental responsibility in the event the Applicants are unable to discharge their responsibilities. 8. The biological mother was in Court. The mother asserted that she understands the order is not reversible therefore relinquishing her parental rights. Thereafter, the court interviewed the child, it was noted that he was aware that he was in Court for adoption proceedings. He recognized the Applicants and consented to the adoption. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17418/eng@2025-11-27 2

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Determination 9. After carefully assessing the records herein, I am satisfied that the Applicants have fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides. The Court may make an adoption order on application by(1) (2) (3) (a) Sole applicant; or (b) Two spouses jointly. The court shall not make an adoption order in any case unlessi. the applicant has attained the age of twenty-five years, but is not above the age of sixtyfive years; and ii. The applicant, or both of the applicants in a joint application, is more than twentyone years older than the child. The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father, or relative of the child. 10. This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022. The Court is conscious of the law; Article 53 Constitution of Kenya 2010, Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child. 11. The Court has evaluated the facts of this Kinship Adoption from the Reports filed. It is evident that the Applicants have fulfilled all the legal requirements as required under Section 193 of the Children’s Act, 2022. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed. 12. Article 14 (4) of the Constitution of Kenya 2010 provides that: “ (4)A child found in Kenya who is, or appears to be less than eight years of age and whose nationality and parents are not known, is presumed to be a citizen by Birth.” 13. I am thus inclined to allow the Applicants in the best interest of the child. This will provide the child with a conducive environment as well as a caring family, therefore allowing the Originating Summons as follows; a. The Applicants, OBT and WKM are hereby allowed to adopt DKM. b. Henceforth, the child shall be known as DKM. c. His date of birth shall be 12th February, 2008. d. He is presumed to be a Citizen of Kenya by birth. e. EGM is hereby appointed as Legal Guardian of the child. f. The Director Immigration is authorised to issue the child with a Kenyan Passport. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17418/eng@2025-11-27 3

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g. The Registrar General to enter this order in the Adoption Children Register. h. The guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 27TH DAY OF NOVEMBER, 2025. P. M. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant Ms. Ooga for Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17418/eng@2025-11-27 4

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